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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8
UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

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11 Any Plaintiff, ) Case No.


)
12 Plaintiff, )
APPLICATION FOR ENTRY OF DEFAULT
)
AGAINST DEFENDANT(S) ________________
13 vs. )
PURSUANT TO RULE 55(a) OF THE FEDERAL
)
RULES OF CIVIL PROCEDURE
14 Any Defendant, and DOES 1-5 )
)
Defendants. )
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To subscribe to my FREE weekly legal newsletter visit
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1 To the Clerk of the United States District Court for the _______ District of __________:
2 Plaintiff, ____________ hereby requests pursuant to Rule 55(a) of the Federal Rules of Civil
3
Procedure that the Clerk enter the default of the following Defendant(s) ____________________for
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failure to plead or otherwise defend against this action in a timely manner.
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Defendant __________________:

7 (1) As shown by the proof of service previously filed with this Court, the above-named

8 Defendant was served pursuant to Rule 4 of the Federal Rules of Civil Procedure on __________.
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(2) The applicable time limit for the above-named Defendant to appear or otherwise respond
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to this action under Rule 12 Federal Rules of Civil Procedure expired on _____________________.
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Defendant __________________:
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13 (1) As shown by the proof of service previously filed with this Court, the above-named

14 Defendant was served pursuant to Rule 4 of the Federal Rules of Civil Procedure on __________.
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(2) The applicable time limit for the above-named Defendant to appear or otherwise respond
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to this action under Rule 12 Federal Rules of Civil Procedure expired on _____________________.
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Defendant __________________:
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19 (1) As shown by the proof of service previously filed with this Court, the above-named

20 Defendant was served pursuant to Rule 4 of the Federal Rules of Civil Procedure on __________.
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(2) The applicable time limit for the above-named Defendant to appear or otherwise respond
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to this action under Rule 12 Federal Rules of Civil Procedure expired on _____________________.
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The above-named Defendants have failed to plead or otherwise respond to the complaint.
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25 This request is based on the attached Declaration of Plaintiff/Attorney for Plaintiff

26 _________.
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Dated_________________________ _______________________________________
28 Any Attorney or Party

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1
Any Attorney or Party
2 Any Street
Any Town, CA 55555
3
714-555-5555
4
Any Attorney or Party
5

9 UNITED STATES DISTRICT COURT


________ DISTRICT OF _____________
10

11
Any Plaintiff, ) Case No.
12 )
Plaintiff, )
DECLARATION OF ________________IN
13 )
SUPPORT OF APPLICATION FOR ENTRY OF
vs. )
DEFAULT AGAINST DEFENDANT(S)
14 )
________________ PURSUANT TO RULE 55(a)
Any Defendant, and DOES 1-5 )
OF THE FEDERAL RULES OF CIVIL
15 )
PROCEDURE
Defendants. )
16 )
)
17 )
)
18 )
)
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DECLARATION OF PLAINTIFF _________________
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I, ________, declare as follows:
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22 USE THIS WORDING IF AN ATTORNEY SIGNS THE

23 DECLARATION:
24 1. I am an attorney at law duly licensed to practice before all courts in the State of
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_______________and am admitted to practice in the United States District Court for the ________
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District of _______________. I am the attorney of record for __________, in the above-entitled
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proceedings and, as such, I have knowledge of the matters contained herein and they are true and

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1 correct of my own personal knowledge, except for those matters stated upon information and belief
2 as to those matters, I believe them to be true and correct. If called and sworn as a witness, I could and
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would testify competently thereto.
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USE THIS WORDING IF THE PLAINTIFF SIGNS THIS DECLARATION
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1. I am the Plaintiff in this action. I am over the age of 18 years. I have personal

7 knowledge of the facts contained in this declaration, and if called as a witness could and would testify

8 competently to the facts as stated herein.


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2. Defendant, _____________was served pursuant to Rule 4 of the Federal Rules of
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Civil Procedure on _____________, as shown by the proof of service filed with the court on
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_______, a true and correct copy of which is attached hereto as Exhibit “1” and incorporated herein
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13 by reference.

14 3. Under Rule 12 of the Federal Rules of Civil Procedure, Defendant, __________ was
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required to plead or otherwise respond to the complaint by __________. The time to plead or
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otherwise respond to the complaint has not been extended by any agreement of the parties or any
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order of the Court.
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19 4. Defendant, ______________ has failed to serve or file a pleading or otherwise

20 respond to the complaint. The applicable time limit for responding to the complaint has expired.
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5. Defendant, __________ is not a minor or an incompetent person.
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6. Defendant, ___________is not currently in the military service, and therefore the
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Servicemembers Civil Relief Act is not applicable.
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25 If you are requesting the default of more than one Defendant use
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the wording on the next page and add additional pages for each
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28 Defendant.
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1 7. Defendant, _____________was served pursuant to Rule 4 of the Federal Rules of
2 Civil Procedure on _____________, as shown by the proof of service filed with the court on
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_______, a true and correct copy of which is attached hereto as Exhibit “2” and incorporated herein
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by reference.
5

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8. Under Rule 12 of the Federal Rules of Civil Procedure, Defendant, __________ was

7 required to plead or otherwise respond to the complaint by __________. The time to plead or

8 otherwise respond to the complaint has not been extended by any agreement of the parties or any
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order of the Court.
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9. Defendant, ______________ has failed to serve or file a pleading or otherwise
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respond to the complaint. The applicable time limit for responding to the complaint has expired.
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13 10. Defendant, __________ is not a minor or an incompetent person.

14 11. Defendant, ___________is not currently in the military service, and therefore the
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Servicemembers Civil Relief Act is not applicable.
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I declare under penalty of perjury under the laws of the State of __________ and the United
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States of America that the foregoing is true and correct and that this declaration is executed on
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19 __________, at _____________________, California.

20 _____________________________________________
NAME OF PERSON SIGNING DECLARATION
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23 Be sure to modify these paragraphs to suit your individual


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situation. Do NOT just use the wording here unless it definitely applies
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26 to your particular situation.


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1 PROOF OF SERVICE
2 I am over the age of 18 and not a party to this action.
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I am a resident of or employed in the county where the mailing occurred; my
4 business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
5 On ____________________ I served the foregoing document(s) described as:
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APPLICATION FOR ENTRY OF DEFAULT AGAINST DEFENDANT(S) ________________
PURSUANT TO RULE 55(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE;
7 DECLARATION OF ______________ IN SUPPORT OF APPLICATION FOR ENTRY OF
DEFAULT AGAINST DEFENDANT(S) ________________ PURSUANT TO RULE 55(a) OF
8 THE FEDERAL RULES OF CIVIL PROCEDURE; EXHIBITS
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NAME AND ADDRESS OF EACH DEFENDANT, OR ATTORNEY FOR EACH
10 DEFENDANT

11 [X] (By U.S. Mail) I deposited such envelope in the mail at __________ with postage
thereon fully prepaid. I am aware that on motion of the party served, service is
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presumed invalid if postal cancellation date or postage meter date is more than one
13 day after date of deposit for mailing in affidavit.

14 I declare under penalty of perjury under the laws of the State of _______ and the United
States of America that the foregoing is true and correct.
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DATED: ______________ _____________________________________________
17 SIGNATURE OF PERSON SERVING PAPERS
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